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Pacific-Asian immigrant refugee women who kill their batterers : telling stories that illustrate the significance of specifity Tolmie, Julia (electronic resource)

By: Material type: ArticleArticleSeries: Sydney Law ReviewPublication details: Sydney Sydney Law Review 1977Description: 42 p. ; 156KbSubject(s): DDC classification:
  • 345.04
Online resources: In: Sydney Law Review 19(4) December 1997 : 472-513Summary: In this Australian based study, Julia Tolmie has analysed two cases involving Pacific-Asian women who killed their abusive husbands and argued self-defence in response to a charge of murder or attempted murder. She has highlighted examples of the manner in which race and gender might have converged in each case, both to make self-defence a viable option for the accused on the facts, and yet to impede her presentation of that defence in court. In other words, race and gender in each case converged to make the accuseds circumstances more frightening and to narrow her options for dealing with that danger by peaceful means. Because the court in each case failed to examine the effect that this convergence had on the accuseds circumstances, and her presentation of her defence at trial, it failed to realistically assess her self-defence claim. From author's conclusion.
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Sydney Law Review 19(4) December 1997 : 472-513

In this Australian based study, Julia Tolmie has analysed two cases involving Pacific-Asian women who killed their abusive husbands and argued self-defence in response to a charge of murder or attempted murder. She has highlighted examples of the manner in which race and gender might have converged in each case, both to make self-defence a viable option for the accused on the facts, and yet to impede her presentation of that defence in court. In other words, race and gender in each case converged to make the accuseds circumstances more frightening and to narrow her options for dealing with that danger by peaceful means. Because the court in each case failed to examine the effect that this convergence had on the accuseds circumstances, and her presentation of her defence at trial, it failed to realistically assess her self-defence claim. From author's conclusion.

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